Organizations and their lobbyists registered under the Lobby Disclosure Act (LDA) must disclose their political and similar contributions, and must certify adherence to the new congressional gift and travel rules in a new semiannual report (LD-203). The form must be filed even if no contributions were made because it also contains the certification. The contribution reports require disclosure of:

• political contributions of $200 to a federal candidate or party within a 6 month period;
• contributions for events to honor legislative or executive officials, for entities named for or established by such officials, or meetings or retreats held by or for such officials;
• gifts of over $200 to a presidential library or presidential inaugural committee; and includes
  
• a certification that the person or organization filing the report has read and is familiar with the House and Senate gift and travel rules and has not provided a gift, including travel, to a member of Congress or staff in knowing violation of those rules.

See details on the LD-203 report.

Executive Branch Lobbying Restrictions
To reduce what some perceive as the undue influence of lobbyists in Washington, President Obama has introduced a number of new restrictions on the activities of individuals that have registered as federal lobbyists.

• Under the new rules, before having conversations or meeting with government officials, registered lobbyists must complete a form which will be posted on the official's agency’s website documenting the contact.
• Registered lobbyists are now prohibited from serving in an agency they previously lobbied for two years without a specific waiver from the administration. The White House has also urged federal agencies and departments not to appoint federally-registered lobbyists to federal advisory boards and commissions.

Background
The Administration initially banned registered lobbyists from communicating with federal officials about stimulus spending under the American Recovery and Reinvestment Act (Recovery Act), but after receiving objections from a number of organizations including a letter from Independent Sector, the ban was modified to restrict communications with federal officials by any interested party after a competitive grant application is submitted until the time awards are made.

Congressional Gift, Meals and Travel
While there are some special rules for charities, the general rule is that lobbyists and organizations that retain or employ lobbyists may not make a gift or provide meals or travel benefits to a Member of Congress or staff. Certain limited exceptions apply, such as free attendance or a free meal at widely-attended events, an honorary degree, awards for public service, or a gift of nominal value, e.g. a baseball hat.

Charity Events
All charities – including those that retain or employ lobbyists – may invite members of Congress, staff, and families to attend fundraising events free of charge, so long as they follow three important conditions:

1. The invitation to the event must come from the sponsoring charity and not another organization or individual, such as a lobbyist;
2. The primary purpose of the event must be to raise funds for a charity; and
3. Members and staff will not receive entertainment, food or refreshments other than in a group setting with all or substantially all other attendees.

It is important that charities issue the invitations themselves. The Senate Ethics Committee, which interprets these rules, advises Senators and staff not to accept invitations to charity events that appear to be coming from a third party, including corporate sponsors.  

Travel Rules and Nonprofits
Members and staff of Congress are limited in the travel benefits they may accept from lobbyists and organizations that retain or employ lobbyists, but some travel sponsored by nonprofits is allowed. Under both the House and Senate ethics rules, a nonprofit may pay travel expenses for attendance or participation in an event that is in connection with the official duties of the office holder or his or her staff. While the House limits such permissible trips to one day, the Senate allows 501(c)(3) organizations to sponsor domestic trips of up to 3 days, and foreign trips of up to 7 days. The trip may not be planned or organized by a registered lobbyist (except for minimal involvement) and registered lobbyists may not accompany the Member of Congress or staff member on the trip. The two chambers provide specific opportunities and restrictions. For instance, the House provides blanket permission for trips paid for by higher education institutions and their lobbyists may both help plan the trip and accompany the Member or staff. Go to the Senate and House ethics committees for more information.

Resources

House and Senate lobbying disclosure guidance

Summary of LD-203 contribution report  (7/1/08)

IS Materials from the March 2008 Federal Lobbying Teleconference:

• Overview of the Lobbying Disclosure Act (PPT)
• House and Senate Gift and Travel Rules (PPT)